Publications

Real Estate, General

52 Articles and Other Items Found

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A New Tax For New York’s Commercial Real Estate Industry? [2020]mail

Some New York State legislators propose to extend the State's 2.8% tax on substantial mortgages to mezzanine loans and preferred equity financing.
Real Estate, Interrupted: Joshua Stein talks about how commercial real estate can survive the Covid-19 pandemic [2020]mail

How are commercial landlords, tenants, lenders, and borrowers dealing with Covid-19? Super Lawyers magazine published a long interview with Joshua Stein.
Dajia Vs Mirae--The Anbang Adventure [2020]mail

Some unexpected title problems and the Covid shutdown meant that the buyer of the $6 billion Anbang hotel portfolio didn't have to close. Joshua Stein summarizes what happened in the Dajia vs Mirae case.
Not Every Tenant Needs Rent Relief [2020]mail

Many commercial tenants have asked their landlords for rent relief because of the Covid-19 pandemic, but some don't really need it.
The Long Term Burdens Of Family-Owned Real Estate [2020]mail

First or second generation owners of family-owned real estate can avoid leaving a financial and emotional burden that their progeny will have to untangle later. This article tells the story of a family real estate business that should have thought more about the future.
Unsolicited Offers For Commercial Real Estate [2020]mail

Commercial real estate owners receive unsolicited offers even in an uncertain market. They should think about some critical questions before deciding whether to proceed.
Another Day, Another New Law [2019]mail

City and State legislators have been proposing and passing a lot of well-meaning laws recently. But there are several reasons why tamping down this enthusiasm would be advisable.
Fixing Rent Regulations? Stop the Cheaters [2019]mail

New York City wants to kill AirBnB because it keeps apartments off the rental market. Why not bring the same intrusive investigations and draconian fines to bear on another very similar problem?
How Commercial Real Estate Finance Has Changed in the Last Two Decades [2019]mail

How much has commercial real estate finance changed over the last 20 years? Two New York City-based commercial real estate attorneys give their assessment of real estate finance structures, participants, underwriting, credit enhancement, and lenders' rights and remedies.
Minor Nuisances of Daily Life [2019]mail

Why do some minor nuisances of everyday life persist, despite the ready availability of common sense improvements or solutions for them?
Trader Joe's [2019]mail

Joshua Stein takes a break from writing about commercial real estate and related topics to write about a popular retail food chain that leases much commercial real estate throughout the United States, and the formula for making it a customer-friendly business.
Cars vs. People [2018]mail

Thanks to better traffic planning and campaigns to improve driver behavior, pedestrians are safer in New York City than they were 20 years ago. But are car and truck drivers the only ones responsible for avoiding accidents? Should pedestrians be doing their part too?
New York's Subway: Easy to Complain About But Extraordinary [2018]mail

One of New York's priceless assets receives a lot more derision than praise. Flaws and all, is it time to appreciate this irreplaceable resource and provide adequate public investment? It's something to think about for Amazon or any other business considering building its headquarters in New York.
Privacy Again [2018]mail

How will today's heightened concern about privacy change the real estate industry? What disclosure obligations and consent requirements should we expect and how can we best prepare for it all?
City's Real Estate Policy: Not Merely Bad, But Bizarre [2017]mail

To craft the right solutions for New York City's affordable housing shortage it's necessary to understand what caused the problem in the first place. Three major government programs have hindered new development and will continue to do so until current policies change.
Government Created The Housing Crisis. Government Can Solve It. [2017]mail

Can the government remedy a housing crisis it started decades ago? New York City's long-term shortage of affordable housing isn't impossible to fix. In fact, there are specific measures the government can take to resolve it.
Review of Risk Game [2017]mail

For those who want to know more about the world of New York commercial real estate over the past few decades and the interesting life of Time Equities founder Francis Greenburger, his autobiography "Risk Game" is worthwhile reading.
Tax Collectors at Work [2017]mail

Enforcement of federal income tax requirements has become a substantial but often useless part of business activity and everyday life, including the drafting of legal documents. What tax-driven verbiage will attorneys have to add next to routine documents to please the IRS?
Brexit: Keep Calm and Carry On [2016]mail

This article examines the possible consequences of the United Kingdom's unexpected vote to leave the European Union, while recognizing that uncertainty might be the only sure outcome for now.
Getting Ready to Sell [2016]mail

A seller can avoid delays in completing a purchase and sale deal by planning ahead. This article offers suggestions for sellers to keep the deal on track.
New Bank Capital Rules Could Hurt Developers [2016]mail

Only time will tell how recent changes in federal bank capital regulations will affect commercial real estate development. This article examines the possible unintended consequences of new rules on minimum invested capital and "high volatility commercial real estate."
What Can Government Do To Solve Our Housing Crisis? [2016]mail

The discussion about providing more affordable housing in New York City always emphasizes having government do more rather than less. But would the housing market work better if the government did less instead?
A Checklist for Giving Legally Effective Notices [2015]mail

When a transaction heads for trouble, one of the first steps will often involve giving a notice of default (or some other notice). This article explains how to do it right.
Bloomberg Business Quotes Joshua Stein on Pending Sale of Stuyvesant Town [2015]mail

Joshua Stein is quoted in the October 17 Bloomberg Business article about the pending sale of Stuyvesant Town-Peter Cooper Village, Manhattan's largest apartment complex. Stein addresses the potential value of the development and the kinds of investors who would be interested in bidding on the property.
No More Buildings Please [2015]mail

Has today's long-drawn-out approval process made it too difficult to develop anything substantial? This article discusses the direct and indirect costs of protracted regulatory requirements for major projects.
Premature Compensation and How to Prevent Unpleasant Brokerage Surprises [2015]mail

A preliminary agreement between the parties can protect an owner from a broker's premature commission claim. This article examines the situations when a broker might be entitled to compensation, and provides model language for owners to protect themselves from premature claims.
Why The Deal Hasn't Closed [2015]mail

When sit-down closings were the norm, it was a lot easier to take care of issues such as a missing signature, an overlooked document or some other detail that could delay the closing to another day. In the digital age, attention to every last detail is more important than ever. Preparing in an organized way can keep the closing on schedule.
It Seemed Like a Good Idea at the Time: Rights of First Offer and First Refusal [2014]mail

Rights of first refusal and rights of first offer (ROFO and ROFR) seem like a great idea, until you actually have to live with one of them. This article explores many ways they can go wrong.
Model Right of First Offer [2014]mail

In this model ROFO clause, the author tried to learn from the litigated cases and the author's own experiences and produce a ROFO clause that might work better than most. It's certainly longer than most.
A Different Way to Sell Real Estate - Auction Sale of 251 Park Avenue South [2013]mail

In 2013, a court directed Joshua Stein to hold a public auction sale of 251 Park Avenue South, a 16-story office building in the Flatiron District. This article describes the circumstances of the sale and how Joshua Stein went about his assignment. After publication of this article, the press reported that Extell Development acquired an additional 25% co-ownership interest in the building.
How Do You Sell Real Estate? [2013]mail

There's more than one way to sell real estate. What works best? Find out why getting the highest possible price shouldn't be the seller's only consideration. And learn what else should be on the seller's agenda.
On the Verge of the Next Boom [2013]mail

Lenders have come back to New York City. But there are some differences between the present boom and the last one. Joshua Stein describes the current market and discusses approaches to development that might make it possible to build in more areas of the city.
Joshua Stein Named Again One of Top Ten Lawyers in New York Tri-State [2012] mail

For the second year in a row, Super Lawyers Magazine named Joshua Stein one of the Top Ten Lawyers in the New York Tri-State Area. The September 2012 list reflects peer ratings and independent research by the magazine. Also, again for the second year, Stein was the only solo practitioner to be named to the list. 2012 also marked Stein's seventh annual appearance in the Super Lawyers Top 100 List.
A Parable About Lawyers and Deals [2011]mail

Is it better for the client to save time and money--and bear the risk of imperfect legal documents? This article addresses the benefits and risks of "underlawyering" and "overlawyering" a transaction.
Essential Advice for Students Heading to College--and Beyond [2011] mail

When they started college, Joshua Stein's two daughters received a long letter with advice from their father. Management consultant and business writer Jeff Haden saw the letter and published it in his column for the CBS website.
How Should Real Estate Records Work in the 21st Century? [2011]mail

In today's information age, does it still make sense for the United States to have over 4000 local recording offices? In this article, Joshua Stein suggests replacing them with a single website.
Photo Spread on Cocktail Party at Offices of Joshua Stein PLLC [2011]mail

Joshua Stein PLLC held a series of open house events for clients and friends. Photographs from the open house appeared in The Mann Report.
Veteran Lawyer Thinks Big As He Branches Out Alone [2011]mail

In March 2011, Real Estate Weekly profiled Joshua Stein in its Deals and Dealmakers section. Click here to read the article.
Joshua Stein Identified as a "Top 10" Real Estate Lawyer Globally [2010] mail

Who'sWhoLegal, a London-based guide to lawyers and law firms, published its latest guide to real estate lawyers in October 2010. The guide included a list of the 10 "most highly regarded individuals" in the world, which included Joshua Stein as the second real estate lawyer in the list. Click here to see the "top ten" list.
Living Dangerously: Veteran New York Real Estate Lawyer Strikes Out on His Own [2010]mail

BNA Real Estate Law & Industry Report interviewed Joshua Stein about his new law practice; his use of technology; and the state of commercial real estate. Click here to read the interview.
Looking Ahead to a New Era in Commercial Real Estate [2009]mail

What will commercial real estate look like after the recession of 2009 ends? BNA asked several members of the BNA editorial board, including Joshua Stein, to share their predictions. Click here to read the article.
The Language of Commercial Real Estate Finance [2009]mail

Many terms used regularly by commercial real estate practitioners cannot be found in law books or documents. This article offers definitions of terms and expressions that have evolved from common and often casual use.
Celebrity Endorsement Agreements: Contracting with the Stars [2007]mail

Hotel or condo developers sometimes enlist celebrities to help them promote their projects. This article introduces the issues that arise in negotiating those relationships.
Are You Overlooking Traps in Your Deals? (Interview with Joshua Stein) [2006]mail

In an interview with the National Association of Realtors, Joshua Stein discussed some problem areas in purchase and sale transactions, including surprises that can lurk in leases.
"Good Faith and Fair Dealing" in Optionland [2005]mail

If one party to a lease totally misunderstands the lease, and might lose valuable rights as a result, does the other party have an obligation to help out? When options are involved the stakes are even higher.
After the Closing: A Legal Tragedy That Didn't Need To Be [2001]mail

Sometimes, the long-term success of a transaction depends more on what happens after the closing than on the documents themselves. This article explains why.
Fundamental Principles for Real Estate Deals [2001]mail

Even though every real estate deal is different, they all require the same practical skills to get the job done.
When Is a Termination Right Not Really a Termination Right? [2000]mail

Critical analysis of a New Jersey case that limited a contracting party's right to enforce a discretionary right of termination.
Closings - Step by Step [1999]mail

How to deal with the commercial real estate closing process, and get the job done.
Move Toward Condo Format May Save Co-ops [1996]mail

Should co-op apartment owners consider converting their buildings into condos? Joshua Stein raises the issue in a letter to Crain's New York Business.
Building a Better Bureaucrat [1995]mail

A review of two books about how bureaucrats work and might work better -- essentially a discussion of policy issues underlying administrative law -- from a relatively libertarian perspective.
How to Amend Transactional Documents [1995]mail

Amendments should change, not ruin, your transactional documents. If drafted with care, your amendments can avoid inconsistencies, uncertainty, and litigation.

Practice Areas:

Development
Finance
Ground Leases
Hotels
Purchases & Sales
Space Leases
Expert Witness Work

Joshua Stein PLLC
501 Madison Avenue, Suite 402
New York, NY 10022 (212) 688-3300

Joshua Stein

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Real Estate, General

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